Jan 5 2010 10:33 @l/@4/2818 65:15 8584146749 DEPR OGA PAGE @4/ae FILED Department of Business and Profecsionnd Reputation Deputy Agency Clerk CLERK Brandon Michole Date 11/13/2003 File # STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATORY COUNCIL OF COMMUNITY ASSOCIATION MANAGERS DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, Case No. 2009-022563 DOUGLAS E. WILSON d/b/a Advanced Management of Southwest Florida, Inc., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint against DOUGLAS E. WILSON d/b/a Advanced Management of Southwest Florida, Inc. ("Respondent"), and alleges: 1. Petitioner is the State agency charged with regulating the practice of community association management pursuant to Section 20.165 and Chapters 455 and 468, Part VIII, Florida Statutes. 2, Respondent is licensed in the State of Florida as a community association manager (“CAM”), CAM 8091. 3. Respondent ig the President of Advanced Management Services of Southwest Florida, Inc. (“Advanced Management”). fecument in Unnamed Jan 5 2010 10:33 @l/@4/2818 65:15 8584146749 DEPR OGA PAGE @5/@8 4. Respondent’s address of record with Petitioner is 3905 62™ Street East, Bradenton, FL 34208. 5. On May 11, 2009 the Department of Business and Professional Regulation (“Department”) received a complaint from Gordon Serbus (“Serbus”), President of Sarasota Palms Condominium Association, Inc. (“Association”), alleging that the on-site CAM failed to bid work on condominium air conditioners, in violation of Section 718.3026, Florida Statutes, and that he signed a contract for the work without the required approval of the Asseciation Board, in violation of Section 4(D) of the Management Agreement. 6. The on-site CAM of the Association was Kent Brown (“Brown”}, CAM 27543. 7. Pursuant to Sections 3 and 4 of the management agreement, Brown was acting as an employee of Advanced Management . 8. Section 468.436(2) (b) (5), Florida Statutes, provides: “Committing acts af gross misconduct of gross negligence in comnection with the profession constitutes grounds fer which the disciplinary actions in subsection (4) may be taken.” 9, Rule 61E14-2?.001(5), Florida Administrative Code, provides: Becument in Unnamed Jan 5 2010 10:33 @l/@4/2818 65:15 8584146749 DEPR OGA PAGE 86/88 ‘A licensee or registrant shall not permit others under his or its control toa commit on his or its behalf, acts or omissions which, if made by the licensee or registrant, would place him or it in violation of Chapter 468, Part VIII, F.5., or Chapter 61-20, F.A.C. A licensee or registrant shall be deemed responsible by the department for the actions of all persons who perform community association management related functions . under his or its supervision or control.” 10. Based on the foregoing, Respondent violated Section 468.436(2) (b) (5), Florida Statutes, through a violation of Rule 61F14-2.001(5), Plorida' Administrative Code, by failing to take responsibility for the actions of Brown, which resulted in unauthorized expenses to the Association. WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the penalties authorized by Sections 468.436(3) and 455,227(2), Florida Statutes, which includes, but not is not limited ta: revocation or suspension of Respondent's license, imposition of an administrative fine not exceeding five thousand dollars ($5,000.00) for each count or separate offense, issuance of a reprimand, placement of Respondent on probation for a period of time and subject to such Decument in Unnamed Jan 5 2010 10:33 @1/@4/2616 65:15 8584146749 DEPR OGA PAGE conditions as the Board specifies, and/or the restriction of the authorized scope of practice by Respondent. Signed this 2gt day of October, 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: Dtane Marger Moore Diane Marger Moore Assistant General Counsel Florida Bar No. 268364 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street, Ste. 42 Tallahassee, FL 32399-2202 (850) 414-8123 Telephone (850) 414-6749 Facsimile DMM/aa PCP Date: 10/29/09 PCP: DMM Becument in Unnamed a7/ee Jan 5 2010 10:33 @1/@4/2616 65:15 8584146749 DEPR OGA PAGE 88/88 NOTICE OF RIGHTS Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within twenty-one (21) days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF CoOsTSs Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to. Section 455.227(3) (a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related te the investigation and prosecution of the case excluding costs associated with an attorney's time, against the Respondent in addition to any other discipline imposed. Document in Unnated

Docket for Case No: 10-000021